Policies & Procedures

All students registered with the Disability Services office are provided an Accessibility Specialist to help access approved accommodations and to work with the student to navigate approval of any needed changes to those accommodations.  Please connect with your Accessibility Specialist to discuss any potential changes to your accommodations that you feel are necessary and appropriate.  

If you cannot reach an agreement with your Accessibility Specialist regarding your accommodations or changes to accommodations, you can utilize the following Accommodation Appeal Process.

University Student Accommodations and Appeals Policy 

100.00 Introduction and Purpose 

Montana State University seeks to provide equal access for qualified students to all University programs and services. Pursuant to the Americans with Disabilities Act (ADA) and to ensure a student’s full participation in and enjoyment of University programs and services, the University provides qualified students with disabilities reasonable academic and non-academic accommodations. The Disability Services office (ODS) works with students through an individualized yet collaborate approach designed to determine possible barriers and generate effective accommodations for students with disabilities. 

The University recognizes that disagreements may occasionally occur about the accommodation process and the appropriateness of accommodations. To that end, and to support positive resolutions, this policy articulates the University’s accommodation request and appeal process, which is designed to timely address student requests and situations where a student disagrees with the accommodation process or the approval or denial of accommodations. 

200.00 Definitions

1. Academic Adjustments – Section 504 of the Rehabilitation Act of 1973 (Section 504) requires the University to provide academic adjustments to qualified students with disabilities by (a) codifying academic requirements unless such requirements are essential to the instruction being pursued or to any directly related licensing requirement; (b) ensuring that course examinations for students with disabilities reflect their achievement in the course and not their disabilities; (c) taking steps to ensure that a qualified student is not excluded from participation in or discriminated against because of the absence of educational auxiliary aids; and (d) ensuring that no rules have the effect of limiting the participation of students with disabilities in any educational program or activity.
2. ADA – the Americans with Disabilities Act (ADA) guarantees individuals with disabilities access to employment, public accommodations, transportation, public services, and telecommunications and provides such individuals with civil rights protections. Title II of the ADA prohibits discrimination on the basis of a disability in all services, programs, and activities provided to the public by state and local governments.
3. Days – means and refers to business days, unless otherwise specified herein.
4. Disability – a physical, medical, or mental impairment, or history or record of such impairment, that constitutes a disability under applicable federal or state law.
5. Interactive Process – the collaborative effort between the University and a student with a disability to identify existing barriers to the student’s access to academic and non-academic programs and activities at the University with the intention of finding a reasonable accommodation to address those barriers.
6. ODS –means the Disability Services office at Montana State University.
7. Personal Services or Devices - Personal services or devices are those that a student with a disability must use regardless of attendance at the University. In addition, personal services are those for which no correlation between the disability's functional limitation and program access can be established. Examples of personal services or devices include, without limitation, personal attendants, wheelchairs, hearing aids, readers for personal use or study, and tutoring.
8. Reasonable Accommodation – means an accommodation provided to a student with a disability pursuant to the interactive process. 
   Student with a Disability – means an otherwise qualified University student who has a physical or mental impairment that substantially limits one or more major life activities, as specified according to the Americans with Disabilities Act or Section 504.
9. Undue Burden – an undue burden is an action that would require significant difficulty or expense when considered in light of a number of factors, including the nature and cost of the accommodation in relation to the size, resources, nature and structure of the University’s operation.

300.00 Requesting Reasonable Accommodations 

Students seeking accommodations or academic adjustments must register with ODS and submit a request for accommodation through the ODS website. Such requests must be accompanied by appropriate documentation to support the necessity of the accommodation. The types of documentation supportive of a request for accommodations may include medical records, psycho-educational testing or evaluations, and school assessments. ODS may request additional documentation from the student to support the request for accommodation. A representative from ODS and the student will engage in the interactive process with the goal of finding a reasonable accommodation or academic adjustment to provide the student with equal access to University programs and activities. The interactive process may include consideration of several factors, such as the student’s functional limitations due to their disability, provided documentation, and the academic or program requirements. 

Reasonable accommodations and academic adjustments may include, but are not limited to, testing accommodations, note taking, assistive technology and other auxiliary aids, sign language interpreter, accessible materials, housing adjustments, preferential seating, and priority registration, among others. ODS may, when appropriate and in a confidential manner, consult with other University officials to determine program or course requirements and appropriate accommodations. The University is not obligated to provide accommodations that would fundamentally alter the nature of a service, program, or activity, or that would result in an undue financial or administrative burden. The University is also not obligated to provide personal devices or services or to provide retroactive accommodations. Students are responsible for requesting accommodations in a timely manner. 

Once all required documentation is submitted, ODS shall meet with the student requesting an accommodation to engage in the interactive process and discuss the requested accommodations. A grant or denial of the requested accommodations shall be made as soon as practicable and sent to the student in writing, either stating the accommodation or academic adjustment being provided, or for denials, the reason(s) the request was denied. 

400.00 Appeal Process 

Students may appeal decisions concerning the accommodation process or the denial of requested accommodations by filing a request for informal resolution or formal appeal, as outlined below. If a student believes that a decision to deny an accommodation was based on unlawful discrimination, then the student may exercise any rights available under the University’s Discrimination, Harassment and Retaliation policy.

The University has the discretion to extend the deadlines identified below when determined necessary or appropriate. 

400.10 Informal Resolution 

Students are encouraged to work with ODS to resolve any conflicts or concerns. Students who disagree with a decision made by ODS may submit a statement in writing to the Director of ODS. The written statement should clearly identify: i) the issue of disagreement; ii) the substantive reason(s) the student disagrees with the decision; and iii) the student’s desired outcome. The Director shall have discretion to request additional documents and information from the student and to consult with other University officials, as appropriate. The Director of ODS shall have ten (10) days to respond in writing to the student’s request for an informal resolution to the concern(s) identified. 

Students must submit a request for informal resolution before filing a formal appeal. 

400.20 Formal Appeal

A formal appeal is available to students who have first attempted to resolve the issue through informal resolution, as outlined in section 400.10 above. 

A student who disagrees with a decision made regarding the accommodation process or the denial of requested accommodations may appeal the decision, provided it meets the criteria for appeal identified below, by submitting a written letter of appeal to the Vice President for Student Success. A request for formal appeal must be submitted within ten (10) days of the response from the Director of ODS to the request for informal resolution. 

Disagreement with a determination is not sufficient grounds for a formal appeal. The review by the Vice President for Student Success will be limited to the following grounds for appeal: 

1. New evidence has been discovered that could substantially impact the original decision. A summary of this new evidence and its potential impact must be included in the letter of appeal.
2. The student’s rights were violated (i.e., a violation of law or there was a material error in the request for accommodation procedure which substantially affected the student’s ability to receive a fair review).

The letter of appeal must include: i) the issue on appeal; ii) a detailed summary of the pertinent facts fulfilling the above criteria for a formal appeal; iii) the substantive reason(s) the student disagrees with the decision; and iv) the student’s desired outcome. If the appeal is accepted, the Vice President of 

Student Success shall have discretion to request additional documents and information from the student, ODS, or other relevant University officials. If the appeal is not accepted because it does not fulfill one of the criteria identified above or for any other valid reason, the student will be notified in writing within ten (10) days of receipt of the request for appeal. 

Upon acceptance of the formal appeal, the Vice President of Student Success shall render a written decision within fifteen (15) days from acceptance of the appeal. The written decision shall identify the issue on appeal and the basis for any determination. The Vice President of Student Success may remand the case to ODS with directions for further clarification or processing, overturn the decision, or render an alternative decision. A copy of the decision shall be sent to the student, ODS, and any relevant University officials. 

The decision of the Vice President of Student Success shall be based solely on the record and relevant documentary evidence and is the final decision of the University in this matter.

Self-identifying or disclosing disability status is not required by Montana State University, unless you are seeking accommodations for that disability. It is the student’s responsibility to complete the request and intake procedures with the Disability Services office (ODS) in order to receive reasonable accommodations. If there are questions or concerns about this process, please visit the Disability Services Students page or contact ODS to set up an information session with an Accessibility Specialist. 

Once the accommodation process has been started, students must: 

• Provide appropriate documentation as indicated on the Documentation Guidelines that verifies the nature of the disability, functional limitations, and the need for specific accommodations.
• Participate in an interactive process with ODS staff, faculty, and other University resources as indicated to obtain and coordinate reasonable and appropriate accommodations to access University programs and services.
• Respond to correspondence sent to the email address designated as preferred in your MyInfo account. If no alternative preferred email is listed, all communication will be sent to the assigned MSU student email address. Email is the official form of communication for all ODS correspondence, unless otherwise notified. It is the student's responsibility to check for incoming communication from ODS to avoid missing pertinent information and deadlines.
• Accommodation Notification letters must be provided to instructors prior to using approved accommodations. Accommodation Notification letters presented to faculty without adequate prior notice may result in the denial of those accommodations for upcoming exams. Certain accommodations may require additional communication with instructors prior to implementation. The University is not obligated to provide retroactive accommodations if faculty are not adequately and appropriately informed of a student’s accommodation status.
• Students are responsible for informing ODS in writing regarding any changes in their condition or needs through the Additional Accommodation process.
• Students are responsible for informing ODS of any issues with accommodations, faculty, or campus accessibility.

Confidentiality

Students have a right to privacy and confidentiality is a high priority at MSU's Disability Services office. All records are kept in a secure electronic database. Except as noted below, no information regarding a student's disability or use of services will be released to parties outside of ODS without prior written consent:

• General information concerning the student such as name and address will be released in the same manner as other student records. See the MSU Catalog for description of MSU's policy regarding the release of student records and directory information.
• Confidential information, such as the student's disability or use of ODS services, may be shared in the course of consultation with or referral to other appropriate professionals within MSU, when the person has a legitimate business reason to have access to the information, such as ensuring implementation of any approved accommodations.
• For legally mandated audits and investigations.
• When required by court order or subpoena, the specific information requested will be released.
• In extreme situations where immediate harm to self or others may result, the law may require that essential information to be reported to necessary agencies or parties.

File Maintenance

In compliance with the Montana University System General Record Retention Schedule effective March 9, 2016, ODS records will be maintained even after the student is no longer with the University. Files prior to this date may have been subject to appropriate destruction/removal.

Students may file a complaint with the Campus Civil Rights (CCR) office if they feel they have been discriminated, harassed, or retaliated against with regards their disability or accommodation status. For more information, visit the Campus Civil Rights Discrimination Grievance Procedures Accompanying the Discrimination, Harassment, and Retaliation Policy page, or contact Campus Civil Rights on the 2nd floor of Swingle, email civilrights@montana.edu, or call 406-994-1568. 

Students who have been served under the Individuals with Disabilities Education Act (IDEA) while in elementary or secondary school often harbor some misconceptions about a university's responsibilities to persons with disabilities and the range of services a post-secondary institution is required to provide. Though post-secondary institutions such as MSU do have a legal responsibility under section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) to make their programs and services accessible to persons with disabilities, the broad mandated responsibilities that elementary and secondary schools incur under the IDEA don't apply to post-secondary institutions.

The Individuals with Disabilities Education Act is an "entitlement" law intended to guarantee persons with disabilities a free and appropriate primary and secondary education that allows for achievement. Within this educational framework, funding is mandated to identify children with significant problems and provide them with appropriate services that facilitate successful learning. Aggressive measures, including the substantial alteration of academic course requirements, are often used to assure the success of students in special education programs.

In contrast, section 504 and the ADA are "non-discrimination" statutes that are based on a civil rights model. They aren't entitlement laws, and they don't guarantee successful learning or mandate the creation of special programs for persons with disabilities. Instead, section 504 and the ADA guarantee that the simple presence of a disability cannot be used as the basis for denying an otherwise qualified student equal "access" to the same programs, services and facilities available to others. Simply stated, the goal of section 504 and the ADA is to remove barriers and to guarantee reasonable accommodations so that persons with disabilities have an opportunity to participate at the level enjoyed by the average person.

For more information, review the Department of Education Office of Civil Rights’ brochures and pamphlets:

• Auxiliary Aids and Services for Postsecondary Students with Disabilities
• Students with Disabilities Preparing for Postsecondary Education
• Transition of Students with Disabilities To Postsecondary Education: A Guide for High School Educators
  

Use of accommodations is voluntary, and, unless otherwise noted, at the discretion of each student based on their needs. Decisions about using approved accommodations can be made with guidance from faculty and a student’s assigned ODS specialist.

A student who believes they have been unlawfully discriminated against as a result of a decision by the Disability Services office personnel or other MSU-Bozeman personnel to refuse a requested accommodation or modification or to reject their claim of disability may file a complaint through one or all of the offices or agencies listed below.

Campus Civil Rights

Swingle 2nd Floor 
Montana State University 
PO Box 172430 
Bozeman MT 59717-2430 
Tel: (406) 994-1568 
E-mail: civilrights@montana.edu

Montana Human Rights Bureau

1625 11th Ave. 
PO Box 1728 
Helena, MT 59624-1728 
Voice: (406) 444-2884 
Toll free: (800) 542-0807

U.S. Department of Education Office for Civil Rights
Seattle Office

915 Second Avenue, Room 3310 
Seattle, WA 98174-1099 
Email: OCR.Seattle@ed.gov 
Voice: (206) 607-1600 
Fax: (206) 607-1601 
TDD: (206) 607-1647

The University recognizes the importance of assistive animals, including service and emotional support animals, in providing necessary support to individuals with disabilities. Assistive animals may make participation in University programs and activities more accessible for students with disabilities and enrich the entire educational community. The University supports the use of assistive animals in University buildings, grounds, and facilities, consistent with these guidelines, University policies, and state and federal law.

Service Animals

What is a Service Animal?

A service animal is a dog that is individually trained to do work or perform tasks directly related to an individual’s disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.  These tasks may include guiding an individual with a vision impairment, pulling a wheelchair, or fetching dropped items, among other tasks. If the animal meets this definition, then it is considered a service animal regardless of whether it has been certified or licensed as a service animal by a training program or state or local government.  Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals. Service-animals-in-training are provided the same access to University buildings and facilities as trained service animals.  All service animals and service-animals-in-training must meet the requirements and expectations identified herein.

Service Animals in the Classroom and University Buildings and Facilities

Service animals, including service-animals-in-training, may accompany an individual with a disability or an individual training the animal in public facilities and accommodations, or in places in which the general public is invited (e.g., academic buildings, administrative offices, residence halls, etc.) as long as the animal and owner meet the requirements identified in the Responsibilities of Individuals with Animals on Campus section below.

Service animals may be restricted from specific areas of the University when:

1. It would fundamentally alter a program or activity;
2. The University has legitimate safety concerns;
3. Consistent with other University policies or state and federal law.

Examples of these areas include, but are not limited to food preparation areas, biologically sensitive or hazardous locations, and certain research facilities or laboratories.  If a service animal is restricted from an area that a student needs to access the Disability Services office will work with the student to identify and provide a reasonable accommodation to the student.

Service Animals in University Student Housing

Students planning to live in University Student Housing with a service animal must register with the Disability Services office and make this known on their housing application so that appropriate accommodations can be provided. All assistive animals in University Student Housing are required to comply with the requirements in Responsibilities of Individuals with Animals on Campus section below, as well as University Student Housing requirements and guidelines.

Registration and Documentation for Service Animals

Students with service animals are not required to register with the Disability Services office, or provide supporting medical documentation, prior to bringing the animal on campus.  However, it is strongly recommended that students who need the assistance of a service animal in the classroom register with the Disability Services office.  By doing so, students will be able to: 1) access additional resources and services available to students with disabilities; 2) document their need for any classroom accommodations; and 3) request additional reasonable accommodations related to the presence of the service animal in certain classroom settings (e.g., such as a chemistry lab). Registering a service animal with the Disability Services office may also assist the University if any problems arise that the owner needs assistance with or if an emergency occurs.

Although recommended, service animals are not required to wear a vest, ID tag, specific harness, or other identification indicating they are a service animal. Additionally, students are not required to provide documentation to prove that the animal has been certified as a service animal.

Emotional Support Animals (ESAs)

What is an ESA?

Emotional support animals are animals prescribed by a physician or licensed mental health provider to provide therapeutic benefit to individuals with disabilities by alleviating one or more symptoms of a disability.  Emotional support animals often help with depression, anxiety, and certain phobias, among other disabilities, but do not have specialized training to perform tasks that assist an individual with disabilities. Unlike service animals, emotional support animals are not limited to dogs and there are greater restrictions surrounding the presence of emotional support animals on campus.

Where are ESAs permitted?

Emotional support animals are only permitted in student rooms in University Student Housing with an approved accommodation from the Disability Services office. Emotional support animals are generally not permitted in common areas of University Student Housing, classrooms, or other University buildings.  All assistive animals in University Student Housing are required to comply with the requirements in the Responsibilities of Individuals with Animals on Campus section below, as well as University Student Housing requirements and guidelines.

Registration and Documentation for ESAs

Students requesting to have an emotional support animal in University Student Housing must register with the Disability Services office and provide supporting documentation from a licensed health care practitioner.  The documentation must: 1) provide confirmation of a qualifying disability; 2) state how the animal will serve as an accommodation for the diagnosed disability; and 3) state how the need for the animal relates to the ability for the student to use and enjoy University Student Housing.

Assistive Animals in University Student Housing

Important: The request and review process for an Assistive Animal in on-campus housing must be completed with Disability Services and University Student Housing prior to the animal arriving in housing.

All students in University Student Housing that have an assistive animal (service animal or emotional support animal) must follow University Student Housing requirements regarding assistive animals.  This includes:

• Meeting with USH Staff after ODS approval is received (where applicable)
• Signing a USH Assistive Animal Agreement
• Photograph of the assistive animal
• Current Vaccination Records (where applicable)
• City of Bozeman License (where applicable)
• Proof of a local veterinarian (30 mile radius)
• Proof the animal is being treated for fleas and ticks (where applicable)

Responsibilities of Individuals with Animals on Campus

Owners of animals on campus are responsible for their animals at all times.  This responsibility includes complying with all state laws and local animal ordinances, as well as all University and University Student Housing and Dining policies and guidelines.  Owners are also responsible for the following:

• Maintaining control over the animal at all times;
• Animal must be harnessed, leashed, or tethered when in public unless it interferes with the animal’s ability to perform its trained task, or the individual’s disability prevents using these devices;
• Providing animals with appropriate care, including food, water, shelter, healthcare, and humane treatment;
• Animal may not be left for prolonged periods of time – student is solely responsible for caring for the animal including during any breaks, and may not leave animals in University Student Housing during times when University Student Housing is closed;
• Cleaning up and disposing of all animal waste (both indoors and outdoors) in a timely and appropriate manner;
• Not allowing odor, noise, damage, or other behavior of animals that disturbs others or damages University grounds, facilities or property;
• All animals must be crated or otherwise appropriately contained when in University Student Housing;
• Animal must not be disruptive, aggressive, or pose a health or safety threat to others; and
• Maintaining any required vaccination and licensure requirements.

Excluding or Removing an Assistive Animal

Animals, including service and emotional support animals, may be prohibited from or required to leave a building or facility on campus if:

• The owner does not comply with University policies regarding the presence of animals on campus, including the Responsibilities of Individuals with Animals on Campus in the Responsibilities of Individuals with Animals on Campus section above;
• The animal’s behavior or presence poses a direct threat to the health or safety of others, including other animals on campus;
• The animal substantially interferes with the reasonable use of University buildings or facilities by others;
• The University determines that an emotional support animal accommodation is no longer reasonable under the circumstances; or
• Allowing the animal on the premises would require a fundamental alteration to the nature of the University’s programs, services, or activities.

Where appropriate, the University will provide students with notification of any concerns prior to removal or exclusion of the animal from University buildings and facilities.  Once removed or excluded, the animal may not return to University property without prior approval from the Disability Services office.

Questions and Reporting

Questions regarding animals on University property or in University buildings or facilities should be directed to the Disability Services office at 406-994-2824 or disabilityservices@montana.edu.

Questions or concerns regarding assistive animals in University housing may be reported to University Student Housing at 406-994-2661 or housing@montana.edu.

Complaints or concerns regarding students with assistive animals on University property or in University buildings or facilities (other than in residence halls) should be directed to the Office of the Dean of Students at 406-994-2826 or deanofstudents@montana.edu.

If there are any safety concerns involving an animal, including a risk of danger to people or property, please dial 911.

Individuals with assistive animals who feel they have been discriminated against or harassed due to a disability may contact Campus Civil Rights at 406-994-1568 or civilrights@montana.edu.